A Buckland avenue woman is facing fines and possible charges after the NYS Office of Children and Family Services and the State of New York filed a complaint against her in NYS Supreme Court in Wyoming County on December 13, 2018.
In 2014, Maureen Szwaczkowski was notified that her group family daycare license was revoked for allegedly repeatedly failing to provide competent supervision of the children after various inspections at her home on 29 Buckland avenue in the village of Perry.
Szwaczkowski was advised how she could appeal and request a fair hearing, but she failed to request the hearing in a timely fashion, so on March 2, 2015, she was advised that the determination to revoke her license was final and she was then instructed to close her group family daycare immediately.
On March 6, 2015, the Office of Children and Family Services conducted an inspection of the premises after receiving a complaint that Szwaczkowski continued to conduct a group family daycare inside her home.
During the inspection, six children were being cared for and then an additional five children were picked up from school. Szwaczkowski was then again advised that her license had been revoked. She acknowledged the revocation in a written statement the complaint says.
According to the NYS Office of Children and Family Services, a group family daycare home can care for 7-12 children for more than 3 hours per day per child.
On March 11, 2015, the local police department responded to a complaint from a concerned parent about the well being of her child who was in attendance at the group family daycare on Buckland avenue.
The parent expressed concerns that a person named “George” had her daughter because state inspectors had shown up at Szwaczkowski’s home. The parent did not know the identity of George.
The complaint goes on to say that after questioning, Szwaczkowski admitted to police that her daycare home had been closed down by the state the previous week and that she was attempting to harbor the children at another house, but the state inspectors located them.
The next day, March 12, 2015, another complaint was received that the group family daycare was continuing to operate without a license.So on March 16, 2015, another inspection was conducted by the NYS Office of Children and Family Services at the premises. inspectors observed Szwaczkowski caring for seven children between the ages of 3 months and 5 years. She acknowledged to the inspector that her license was revoked and she was provided with a Notice of Violation-Illegal Operation.
A little over a week later, On March 27, 2015, an additional complaint was received that Szwaczkowski was observed transporting five children to and from universal pre-kindergarten at the school. One of the children admitted to going to “Mo’s” house and explained that he had to hide in the attic when the inspectors come.
On April 16, 2015, the NYS Office of Children and Family Services conducted surveillance of the home on Buckland Avenue. In the complaint they said they observed Szwaczkowski caring for at least 9 children in her home. She refused to answer the door for inspectors and the Perry Police Department who were called to assist. A second Notice of Violation for illegal operation was posted.
On May 5, 2015, the NYS Office of Children and Family Services issued a Cease and Desist notification based on the determination that Szwaczkowski was still providing unlicensed/unregistered child care services at her home.
On May 19, 2015, another complaint was received that the daycare operation was continuing to operate. The complaint was substantiated.
On May 21, 2015, the NYS Office of Children and Family Services conducted additional surveillance at the home on Buckland avenue in Perry. They observed Szwaczkowski caring for at least seven children there. A third Notice of Violation/Illegal Operation was posted.
On May 28, 2015, the NYS Office of Children and Family Services advised Szwaczkowski that they were seeking to impose fines of $500 per day for the continued operation of the unlicensed/unregistered daycare program.
Szwaczkowski then submitted an initial application to operate a group family daycare. The application was denied on or about July 23, 2015. The complaint says the application was denied in part because of the “poor history of compliance with the NYS Office of Children and Family Services Office’s daycare regulations.”
Szwaczkowski then requested a hearing to contest the Cease and Desist notification and imposing a fine of $500 per day and the denial of the initial application for licensure. The hearing was conducted on September 30, 2015 before the Honorable Mary P. Walek, who on October 9, 2015 issued a decision, affirming all of the actions of the NYS Office of Children and Family Services. Szwaczkowski did not challenge the decision and the four month period to challenge the decision has passed.
On April 25, 2017, additional surveillance was conducted at the Buckland avenue home by the NYS Office of Children and Family Services. they observed that Szwaczkowski had still not ceased operations of her unlicensed daycare and that seven different children were dropped off at her house. The licensor approached the house and rang the door bell, there was no answer at the door. The children however, were heard inside the house.
On July, 10, 2018, the NYS Office of Children and Family Services conducted an unannounced inspection of the home on Buckland avenue. The licensor observed Szwaczkowski caring for between nine and thirteen children in her home. After being approached by the licensor, she advised them that she was waiting on her paperwork and that her two-year ban was up. She then stated she had 16 children on the premises and refused to sign the on-site inspection report as it was left on the door.
On November 8, 2018, another unannounced inspection was conducted by the NYS Office of Children and Family Services at the home on Buckland avenue. The licensor observed Szwaczkowski caring for between six and nine children. Upon approaching her, Szwaczkowski advised the licensor not to enter the home and then stated “just so you know there are three of us here today.” The complain says that Szwaczkowski then slammed the door in the licensor’s face. Upon knocking at the door, a male opened the door and informed the licensor that Szwaczkowski was busy. The licensor then filled out the License/Registration requirements for Child Daycare Programs and left it at the door.
The NYS Office of Children and Family Services is seeking injunctive relief through the court and on January 11, 2019, Szwaczkowski appeared in Supreme Court in regards to the complaint filed.
The NYS Office of Children and Family Services says that from November 4, 2014 to at least July 10, 2018, Szwaczkowsi conducted the daycare business without obtaining a license to operate a group family daycare home or registration to operate a family daycare home from their office. Despite having received Cease and Desist orders in May of 2015 directing her to stop operating, she continued to operate a group family daycare home which subjecting the health, welfare and safety of attending children to imminent danger on an ongoing basis, the complaint says.
The NYS Office of Children and Family Services says the past repeated violation of applicable laws and regulations governing the provision of licensed child day care services in NYS warrant the imposition of a permanent injunction to prevent her from providing unregistered and unlicensed child daycare services in the future anywhere within NYS.
The complaint goes on to say that the a civil penalty of $500 a day was imposed in October of 2015, commencing in May 5, 2015 through November 8, 2018 and the NYS Office of Children and Family Services says it is entitled to a judgement of $440,000 as of November 8, 2018.
Szwaczkowski is scheduled to appear in Supreme Court in Wyoming County on February 8, 2018 at 9:15a.m. where the injunction and civil penalty will be discussed and a possible contempt charge.